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Enfield v. Hills Eng. Rep. 1054 (1378-1865)

handle is hein.slavery/ssactsengr0945 and id is 1 raw text is: 1054 HILL. 29. AND 30 CAR. II. B. R. SKEBLE.859. 26. ENFIELD AND HILLS. Monday, February 11. Mandamus. In action upon the case against the defendant for procuring a false return to mandamus on removal of an alderman ; after verdict, and 3001. damages, Maynard the King's Sarjeant excepted against Doderiges opinion in Harris's case, that an action upon the case will nOC lie, for an alderman having no fee nor profits, 27 H. 8, 28, and in action upon the case there must not only be a tort but a damage thereon, 8 Co. 49, especially this being a new office, so 3 Cr. 859, Hardy and Newland, and the chief reason of the case Barnardisto, and Soam in Excheque Chamber was that no action upon the case lay on such false return at common-law, being a matter of government, and upon this publick account a mandamus is awarded, though this may also concern private person ; and there is more consideration to be had of a burges of Parliament than of an alderman. 10 H. 4, 47. Wild Justice, This Court must take the return as true, until it be disproved by action upon the case; to which the Court inclined. Sed adjornatur.

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